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04/11/2011DES PLAINES ILLINOIS DES PLAINES PLAN COMMISSION APRIL 11, 2011 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, April 11, 2011, at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Kowalski, Bar, Lane ABSENT: Niemotka, Perez Also present was Senior Planner, Scott Mangum. Chairman Kowalski called the meeting to order at 7:25 P. M. A motion was made by Chairman Kowalski, seconded by Cornell Bar, to approve the minutes of the February 28, 2011, hearing. AYES: Bar, Kowalski, Perez NAYES: None NEW BUSINESS Case # Case Number: 11 -007 -TA - Citywide Request: MOTION CARRIED Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.4.1, Manufacturing Districts Use Matrix, and Section 13.3, Definitions, regarding Contractors Yard Storage and Truck Parking uses. Petitioner: Patricia Smith, 655 Seegers Road, Des Plaines IL, 60018 Ms. Patricia Smith and Ms. Shirlee Smith, of 140 Ardmore Road, Des Plaines, IL 60016, were sworn in to give testimony in this case. Patricia gave the history of the business. She is the President and co-owner of the business along with her sister, Shirlee. Her father started the business and it passed to them upon his death. After their father passed away, they wanted to move the business into Des Plaines (on Seegers Road). Ms. Patricia Smith described the business activities and explained that they cleared out the M-2 zoning area in 2008. Ms. Patricia Smith defined that a contractor's yard was a place for the storage of heavy equipment, yard equipment, contractor's supplies (bricks) and equipment. She stated that it was currently just an empty lot, fully fenced in, and, with it being next to the train tracks, there is little worry about noise. Unfortunately, Ms. Patricia Smith explained that she had been ticketed for writing "truck parking" on a sign, but meant to put in a contractor's yard — they were just accustomed to calling it truck parking. 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 2 Ms. Patricia Smith stated that they have had four tenants for over four years and that she and her sister are very fussy about their tenants. Ms. Patricia Smith and Shirlee had turned down many prospective tenants because they did not believe they would be good tenants. In addition, they wanted to continue having a good co -existence with the neighbors. Ms. Patricia Smith also stated that the Zoning confused her. Commissioner Lane asked if she had any comments from neighbors. Ms. Patricia Smith stated that she had gotten one complaint from the neighbors concerning "loud talking" in the lot at 1:00 pm. Commissioner Bar asked if she was just planning on truck storage and landscaper material. Ms. Patricia Smith stated it would be bricks, contractors, landscaper supplies. There would be no hazardous material stored on the lot. Chairman Kowalski asked who the tenants were. Ms. Smith gave the names of the tenants. Chairman Kowalski asked if the property fronted Northwest Highway and if all the trucks were hers. He stated that the zone where their proposed contractors' yard would be located is within the M-2 zoning district. He showed pictures showing trucks in the yard. Ms. Patricia Smith explained that they were all gone now and explained that the trucks were parked there when they were trying to diversify their business at the time, but that it was gone now. Chairman Kowalski called for questions of by members of the Commission. Commissioner Lane asked if the tenants had free access to the lot. Ms. Smith said there was a key -code gate. In the summer, the landscapers/contractors might leave at 5:00 am. Chairman Kowalski asked if that was in their leases — to avoid having a problem with the neighbors. Ms. Patricia Smith stated that the tenant leases ran month to month. She pointed out that their company and business were there long before the building of any developments and townhouses. They were doing everything they could to avoid the noise and sound problems. Commissioner Lane stated that the applicant volunteered to block the sound with trees, etc. Ms. Patricia Smith stated they had looked into doing that, but it was not feasible. Ms. Shirlee Smith stated that they were going to plant the trees. However, when the landscaper evaluated the property she was told that it was not possible due to a pipeline and the narrowness of the area. Ms. Shirlee Smith also stated that the amendment should be evaluated for everyone and not just for her and her sister's business. Chairman Kowalski asked if their C-3 zoned property permitted truck parking. Mr. Mangum stated that it did not. Mr. Mangum also explained that the M-2 zoning is the heaviest, general manufacturing zone, but does not permit truck/contractor parking, therefore a text amendment was the only option to permit the requested uses. The proposed amendment is citywide and not just for their business. Chairman Kowalski stated that a citywide ordinance might be too much for just one business. Mr. Mangum stated that truck parking is not allowed in any zoning district as a principal use; hence the request for a text amendment to be allowed in M-2. In addition, he mentioned that Attachment 2 further explained the uses allowed/not allowed (land uses/permitted uses). Ms. Patricia Smith commented on the Northwest Highway area, past the overpass, has always been commercial. The Townhouses came in after all that. Commissioner Lane asked if the proposed uses in other M-2 areas would be a detriment and not an improvement. Mr. Mangum stated that staff took it into consideration and felt that the proposed uses were in line with the other 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 3 uses allowed in the M-2 district. He pointed out that there were a number of other M-2 zoned areas, mostly in the southwest area of the city, but also others which abutted residential areas . Ms. Patricia Smith stated that 825 Seegers is located in the M-2 zoning district and was doing the same thing she would like to do and they are only a few doors down. Her neighbor does have an office on site, but other trucks/dump trailers, etc. also park there. Chairman Kowalski called for the Staff Report to be read by Mr. Mangum. Issue: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.4.1, Manufacturing Districts Use Matrix, and Section 13.3, Definitions, regarding Contractors Yard Storage and Truck Parking uses. Analysis: Text Amendment Report Petitioner: Patricia Smith, 655 Seegers Road, Des Plaines IL, 60018 Address: Citywide Case Number: 11-007-A Background Information The property owner that is requesting the text amendment was cited for posting a sign advertising Truck Parking for a property in an M-2 Zoning District. In subsequent conversations with the property owner, the potential use(s) of interest were commercial truck parking and contractor's yard storage. As neither of these uses is clearly addressed in the Zoning Ordinance, the property owner was advised that a Text Amendment to the Zoning Ordinance would be required to allow the proposed uses. While the Zoning Ordinance permits a commercial parking lot in the C-3 and C-5 Zoning Districts, there is no equivalent principal use for heavier vehicles or trucks within the Manufacturing Districts Use Matrix. Trade Contractor is listed a permitted use in the M-2 District, however, the trade contractor definition (see attachment 2) references commercial space such as an office or showroom as opposed to the proposed Contractor's Storage Yard use that does not include an associated office or building. The applicant, working with staff, has proposed language to amend the City's Zoning Ordinance (see attachment 2). The language proposed would create definitions ( Section 13.1) for two uses and amend the Manufacturing Districts Use Matrix (Table 7.4.1). 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 uses. The Economic Development section of the Plan does have objectives to retain and attract businesses, including industrial uses, and the Employment Land Use section seeks to revitalize the industrial base. 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 4 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 M-2 General Manufacturing District is to provide a location for general manufacturing uses and related uses in conformance with the comprehensive plan. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendments to allow Commercial Truck Parking and Contractor's Storage Yards should not have a direct affect 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 allow additional land uses for properties within the M-2, General Manufacturing Zoning District. This may improve the value of these properties and should not have an adverse effect on properties as a whole. 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. Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of the requested text amendment regarding Commercial Truck Parking and Contractor's Storage Yard. The M-2, General Manufacturing District is the appropriate location for heavier industrial uses and the proposed amendment is consistent with other uses currently allowed by -right within the M-2 Zoning District. 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. Chairman Kowalski asked if the use could require a conditional use permit. Mr. Mangum stated it could, but named a number of use types that were permitted by right in the M-2 distirct including auto body repair, salvage yards, and trade contractor's (with office). Chairman Kowalski stated he was not concerned about truck parking. However, he did have a concern regarding Landscapers having their materials and other debris stacked that could be breeding grounds for all kinds of stuff in the piles of debris left behind. The City has had a problem in the past with that situation. Mr. Mangum stated it was up to the Plan Commission whether they wanted to recommend that the amendment list the proposed uses as a conditional use instead of permitted. Ms. Patricia Smith stated that she did not want those types of tenants there, wanted to keep the yard clean with no repair of trucks, etc. on the property. 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 5 Chairman Kowalski stated that a conditional use permit would have to go before the City Council. Mr. Mangum explained the process the applicant would need to go through. Chairman Kowalski stated he would be more comfortable with the conditional use permit and not the text amendment to allow the uses by right. The contractor's storage yard use would include materials and supplies, which was his main concern. The materials could be sewage, landscaping debris, etc. Commissioner Lane agreed. Ms. Shirlee Smith asked if anyone who was in an existing non -conforming use would be allowed to continue without a lapse of longer than one year. Mr. Mangum explained that legal non -conforming uses would be allowed to continue. Chairman Kowalski called for questions or comments by members of the audience, either in favor of or in objection to the proposal. Mr. James Szabo, of 1084 Woodlawn Haven, Des Plaines, was sworn in and stated that as far as the Smiths were concerned, when they bought the property is was a dump and an eyesore. It has been vastly improved since the then, and thought that the citywide amendment would be important, as it has been happening all over the City as an unspoken thing. There is a need for that type of use in the City. It was best to pass the text amendment and make all the others legal as well. He also brought up that people cannot afford to have their own yards and need a place to store their equipment — it would behoove the city to pass this. This is an income builder for the city on the local level in consumerism and taxes, without having to go through a bunch of red tape for a conditional permit. He also pointed out that the city in years past was more business friendly than now. Mr. Bob Porada, 555 Concord Lane, Des Plaines, was sworn in. He stated he agreed with the Chairman's comments regarding the citywide amendment. However, he also agreed with Mr. Szabo's comments. The people who are storing materials on site are only permitted to do so because they have a manned office on site, which can hold dirt, etc. The rationale behind this is that there is a manned office on site. He pointed out that the yard was just a yard with no manned office on site. That landlord may not know what is being stored there because there is no presence in the yard — an unsupervised and uncontrolled yard is not a good thing. By passing the text amendment, you take away the neighbors' rights to come before the board if they aren't happy with what is being done on the property — forever. He favors the conditional use instead of the citywide text amendment as a permitted use. He agrees that RG Smith and its owners are conscientious; however, others may not be and the city would then lose control on the absentee owner/slumlord because the text amendment gives them carte blanche. The conditional use, however, can be revoked. Further, there many M-2 areas in the City and not just out by the airport. They are also near residential areas. His own house is only three houses away from one of those businesses. He doesn't want to smell old sewage or landscaping waste, etc. He also asked if this could be done right away, within the next couple of months, and not have the petitioner wait a year. Ms. Patricia Smith stated that she was disappointed with the comments made and is having regrets moving to Des Plaines. Mr. Szabo stated that an owner of an M-1 or M-2 property would not be an absentee owner. He could not believe that Wilmette is more business friendly than Des Plaines. He is a contractor and picks up his supplies from a place in Wilmette which also stores trucks and contractor supplies in a yard that backs up to a country club. He feels that the citywide text amendment is a wise choice. In these economic times, it would be an excellent idea to pass the text amendment. These businesses are having a hard time just trying to survive. 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 6 Chairman Kowalski asked about her violation — Ms. Smith stated it was for the sign posted because they had "truck parking" on it. Shirlee stated that they had been approached by Lennar when they were building the townhouses to buy their parcel but they declined. She described their former industrial neighbors. The people that moved into the townhomes were aware of their existence and RG Smith has accommodated changes the neighbors have asked for such as changing their lighting so it would not bother the homeowners. Mr. Porada stated that when he purchased his home, he knew what the zoning was, the type of place and business that was three houses away from him. However, he did not sign up for someone else coming in that yard in the future in an M-2 district that would not be a good neighbor as he said in his previous statement. No other persons came forward. Commissioner Bar stated that the comments made by Mr. Szabo and Mr. Porada helped him to make up his mind. Further, there were not many yards with junked up cars, etc. His recommendation is to approve the text amendment. Chairman Kowalski concurred. A motion was made by Commissioner Bar, seconded by Commissioner Lane, to recommend approval of the Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Table 7.4.1, Manufacturing Districts Use Matrix, and Section 13.3, Definitions, regarding Contractors Yard Storage and Truck Parking uses. AYES: Kowalski, Bar, Lane NAYES: None MOTION CARRIED Case # Case Number: 11-006 —SUB 2279 Westview Drive Request: The petitioner is requesting a Tentative Plat of Subdivision for Spahic's Consolidation to combine two existing 50' -wide lots to result in a total of one 100' -wide lot. Petitioner: Sakib and Irnida Spahic, 2279 Westview Drive, Des Plaines, IL 60016 Sam Spahic, of 2279 Westview Drive, Des Plaines was sworn in to give testimony in this case. He stated that he bought the property a couple of years ago and bought his neighbor's property. He put a shed on his property for his pool equipment. He had another shed built; however, unbeknownst to him his contractor failed to pull a permit. Mr. Mangum recommended that he have the Plats of subdivision consolidated. Chairman Kowalski called for questions of Mr. Spahic by members of the Commission. Commissioner Bar stated it was probably a 100' lot that had been separated years ago and was now being consolidated again. Chairman Kowalski called for the Staff Report to be read by Mr. Mangum. Issue: The petitioner is requesting a Tentative Plat of Subdivision for Spahic's Consolidation to combine two existing 50' -wide lots to result in a total of one 100' -wide lot. 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 7 Analysis: Tentative Plat Report Owner Sakib and Irnida Spahic, 2279 Westview Drive, Des Plaines, IL 60016 Petitioner Sakib and Irnida Spahic, 2279 Westview Drive, Des Plaines, IL 60016 Case Number 11 -006 -SUB Address 2279 Westview Drive Name of Subdivision Real Estate Index Numbers Project Description Existing Zoning Existing Land Use Surrounding Zoning Surrounding Land Use Street Classification Comprehensive Plan Spahic's Consolidation 09-29-302-207-0000, 09-29-302-130-0000 The applicant proposes to combine two existing lots into one 18,682 square -foot lot. R-1, Single Family Residential Single Family Residence, Vacant Lot North: R-1, Single Family Residential South: R-1, Single Family Residential East: R-1, Single Family Residential West: R-1, Single Family Residential North: South: East: West: Single Family Residential Single Family Residential Single Family Residential Single Family Residential Westview Drive is a local street. Traditional Single -Family Residential is the recommended use of the property. Development Schedule There is no additional construction proposed, however, the removal of the lot line would legalize a newly constructed shed. Total Acreage of Resubdivision 18,682 square feet General Information Lot Descriptions and Construction Plans: The Tentative plat shows the two lots being combined into Lot #1, approximately 100' wide by 186.97' deep (18,682 square feet or 0.43 acres). The southernmost lot was part of the Labedz subdivision in 2006 and is developed with a Single Family Residence. The northernmost lot was created as a part of Utecht's subdivision in 1972 and is vacant. The applicant has constructed a shed that crosses the existing property line between the two properties. The Plat of Consolidation would eliminate the property line and with it any related zoning and building code issues regarding the proximity of the shed to a property line. 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 8 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." Staff Recommendations • The Department of Community and Economic Development recommends approval of the Tentative Plat, provided all conditions of approval are met. • The Public Works and Engineering Department recommends approval of the Tentative Plat, subject to condition #1 listed below. • The City of Des Plaines Fire Department recommends approval of the Tentative Plat. Conditions 1. Prior to approval of the Final Plat the sod at the north/rear portion of the backyard needs to be lowered for drainage purposes (as required by the Public Works and Engineering Department). 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 condition number 1, 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. Mr. Mangum stated that the applicant had one condition to be cleared regarding backyard drainage and then have the final plat approved by the Plan Commission. Chairman Kowalski called for questions or comments by members of the audience, either in favor of or in objection to the proposal. No persons came forward due to no one being present in the audience. A motion was made by Commissioner Lane, seconded by Commissioner Bar, to recommend approval of the Tentative Plat of Subdivision for Spahic's Consolidation to combine two existing 50' -wide lots to result in a total of one 100' -wide lot. AYES: Kowalski, Bar, Lane NAYES: None MOTION CARRIED 11 -007 -TA — Citywide 11 -006 -SUB — 2279 Westview Dr. April 11, 2011 Page 9 Mr. Mangum acknowledged and thanked Mr. Kowalski for his years of service to the City of Des Plaines. A motion was made by Commissioner Bar, and seconded by Commissioner Lane, to adjourn the meeting. The meeting was adjourned at 9:00 P. M. Sincerely, Carl Kowalski, Chairman Des Plaines Plan Commission cc: City Officials Aldermen Plan Commission Petitioner(s)